Originally from Alternatives to the High Cost of Litigation

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My perspective is that concepts of impartiality have been historically improperly conflated with how the mediation process is conducted on the facilitative, elicitive, evaluative-to-directive continuum.

Parties should create clear expectations at the time of engagement of the mediator on how passive or active the mediator should be in offering feedback and predictions on the elements of the dispute.

Mediators are continuously making assessments and evaluations of the participants, rights, interests, emotions, and other dynamics of what is unfolding before them. My own experience frames the concepts of neutrality and impartiality in terms of the mediator being objective and conducting a fundamentally fair and balanced process.